Tier 2 Fiber Sample Clauses

Tier 2 Fiber. If at any time during the Term of this Agreement MTI desires to use Tier 2 Fiber, MTI shall notify SRPMIC in writing that it desires to use Tier 2 Fiber. Within thirty (30) days of SRPMIC’s receipt of such written notice from MTI, SRPMIC shall respond to MTI in writing stating whether SRPMIC has Tier 2 Fiber available for the use of MTI. SRPMIC’s determination regarding the availability of the Tier 2 Fiber shall be conclusive, and nothing contained herein shall preclude SRPMIC from providing Tier 2 Fiber to persons or entities other than MTI, subject to the limitations of Article 13.6. In the event SRPMIC makes Tier 2 Fiber available to MTI, SRPMIC shall have the option and the right, in its sole discretion, to one of the following: (i) the use of up to and including ten percent (10%) of the Fiber Capacity of any Tier 2 Fiber that is lit and placed in service by MTI (the “Lit Tier 2 Fiber”), without payment of any recurring or non-recurring charges to MTI (“Option 1”): or (ii) payment from MTI for any Tier 2 Fiber requested by MTI under this Article 3.2(b), whether such Tier 2 Fiber is lit or dark, at a monthly charge equal to the applicable Qwest monthly recurring charge for UDF-IOF, as set forth in the Interconnection Agreement, so long as such Interconnection Agreement or a successor agreement shall remain in effect, or as set forth in Qwest’s SGAT, if the Interconnection Agreement or a successor agreement are no longer in effect or if the Interconnection Agreement does not contain a UDF-IOF rate (“Option 2”). If SRPMIC selects Option I, and desires Fiber Capacity on the Lit Tier 2 Fiber in excess of ten percent (10%), then MTI shall make such additional Fiber Capacity available to SRPMIC if MTI determines, in MTI’s sole discretion, that MTI has additional Fiber Capacity available on the Lit Tier 2 Fiber. In such event, SRPMIC shall pay MTI for the use of the additional Fiber Capacity (i.e., in excess of 10%) at a monthly charge equal to the applicable Qwest monthly recurring charge for UDF-IOF, as set forth in the Interconnection Agreement, so long as such Interconnection Agreement or a successor agreement shall remain in effect, or as set forth in Qwest’s SGAT, if the Interconnection Agreement or a successor agreement are no longer in effect or if the Interconnection Agreement does not contain a UDF-IOF rate. Alternatively, If SRPMIC selects Option 2, then the monthly charge payable by MTI to SRPMIC hereunder shall continue so long as this Agreement s...
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